Q) Can I choose my own guardian?

A) Yes, while you have capacity.

Q) What happens if I do not choose my own guardian?

A) The probate court chooses one for you.

Q) Will my spouse become my guardian if I become incapacitated?

A) Not necessarily. The probate court has a duty to consider the best interest of the incapacitated individual. If a spouse is not fit for appointment, they will not be awarded the authority.

Q) Can I choose a guardian for my child?

A) Yes, if the child is still under the age of 18.

Q) What happens if I do not choose a guardian for my child?

A) The probate court will choose who is best suited to be guardian for your child.

Q) Do guardians get paid for their services?

A) Yes. Guardians are entitled to "reasonable fees" and expense reimbursement.

Q) What are the downsides to guardianship?

A) Paperwork, loss of privacy, loss of control, and court intervention into your affairs.

Q) If my adult child or loved one is incapacitated, can I appoint a guardian for them?

A) No. While you can petition the court, the court will decide who is best suited to be the guardian of your loved one.

Q) How can I prove that I am the guardian of a particular incapacitated individual adult or minor?

A) For a small fee, the court will issue Letters of Guardianship to serve that purpose.

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There are a variety of reasons one may come to the probate court on a guardianship matter.  Some, use guardianship as a way to assure their children attend a particular school district.  Others, use guardianship to assure the most basic needs of the minor can be met. The list is long. 

Guardianship matters are highly emotional and the rules surrounding guardianship proceedings can be confusing. If you have a guardianship matter that requires experienced counsel call on Attorney Patrick today at (248) 663-2566.